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1. Appendix-4_Peter-Kinley_-s87F-Report_Flooding-and-Hydrology_28-April-2023.pdf [pdf, 1 MB]

   ...Project (Ō2NL Project) Prepared by Peter Kinley – Hydrology and Flooding 4 team, overseeing tenders/new work, client liaison, and team management and development. 8. I hold a Bachelor of Engineering in Civil Engineering from the University of Auckland. I am a member of Water New Zealand. 9. I have worked on a number of projects which are relevant to the current brief/Ō2NL Project. These are set out in Appendix A. 10. I am familiar with the site and surrounding a...

2. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

   IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 33 ARC 75/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a challenge to a costs' determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN ROBERT WADE LEWIS Plaintiff AND JPMORGAN CHASE BANK, N.A. Defendant Hearing: By memoranda of submissions fil...

3. National Standards Committee 1 v Gardner-Hopkins [2021] NZLCDT 21 (22 June 2021) [pdf, 360 KB]

   ...Ms M Noble Ms G Phipps Prof D Scott HEARING HELD AT Wellington District Court DATE OF HEARING 17-21 May 2021 DATE OF ORIGINAL DECISION 22 June 2021 DATE OF REISSUED DECISION 24 June 2021 COUNSEL Mr D La Hood and Mr T Bain for the Auckland Standards Committee Mr J Long and Mr J Grimmer for the Practitioner 2 RESERVED DECISION OF THE TRIBUNAL ON LIABILITY Introduction [1] The events with which this decision is concerned took place five-and-a-half yea...

4. ENVC Hearing 27Jul15 WML suppl evidence David Mitchell [pdf, 416 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Supplementary Evidence of DAVID FORRESTER MITCHELL on behalf of Waiheke Marinas Ltd Dated 22 June 2015

5. ENV-2016-AKL-000196 Yang & Others v Auckland Council [pdf, 7.7 MB]

   Before the Environment Court In the matter of And In the matter of And In the matter of Between And ENV-2016-AKl the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) an appeal under s 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Unitary Plan) Proposed Plan...

6. [2023] NZEmpC 162 Birthing Centre Ltd v Matsas [pdf, 445 KB]

   ...employer to agree to the requested confidentiality. He also relied on further considerations which BCL itself had for requiring confidentiality. [75] These statutory provisions were considered in depth by a full Court in Vice- Chancellor of Massey University v Wrigley.65 Mr Langton submitted this Court has not directly considered the exemptions since legislative changes were made in 2014, which post-dated Wrigley. He submitted that the Court should now reconsider the appropriate...

7. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...Wellington, 2021) at [8.9]; Karerybflot AO v Udovenko [2000] 2 NZLR 24 (CA); A Worker v A Farmer [2010] NZCA 547, [2010] ERNZ 407; Elmsly v Health Waikato Ltd [2002] 1 ERNZ 85 (EmpC); see too Mark Freedland The Personal Employment Contract (Oxford University Press, Oxford, 2005) at ch 8. 11 Udovenko, above n 10, at [37] (citations omitted) (emphasis added). 12 The Power Co Ltd v Gore District Council [1997] 1 NZLR 537 (CA), citing National Carriers Ltd v Panalpina (Northern) Ltd [19...

8. [2012] NZEmpC 98 Kelleher v Wiri Pacific Ltd [pdf, 72 KB]

   ...costs principles apply. He submitted that it cannot be said that the defendant was successful as the issues were not required to be resolved by the 4 In fact, 66% of $10,348 is $6,830. 5 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 6 Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]. Court. I do not accept Mr Ryan’s argument that a different approach to determining costs is required i...

9. [2012] NZEmpC 136 Tuapawa v AFFCO NZ Ltd [pdf, 69 KB]

   ...the remedies that would otherwise have been awarded to an employee to the extent that the actions of the employee contributed towards the situation that gave rise to the personal grievance. No authorities were cited on this issue but in White v Auckland District Health Board 7 the Court of Appeal held that remedies and costs were separate discrete issues. It rejected the suggestion that contributory conduct under s 124 could be taken into account in relation to both remedies and...

10. [2013] NZEmpC 90 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

    ...1 [2012] NZEmpC 118. 2 [2013] NZEmpC 56. The total costs sought amounted to $18,774.85. [6] Counsel for the defendant referred to two of the three leading cases on costs in the Court of Appeal, Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Limited. 4 [7] Counsel for the defendant submitted that the proper approach to determining costs was to enquire into the reasonableness, decide on the level of the contribution